SOMERSALL

People v. SOMERSALL

Good Law
75 Cal. App. 4th 657·89 Cal. Rptr. 2d 449
Court of Appeal of CaliforniaNovember 1, 1999A081134California21,321 words

Opinion

Opinion

In No. A081134, Leo Adam Somersall timely appeals from a judgment of conviction, after a jury trial, of the second degree murder of Rigoberto Enrique Garcia (Garcia), and the robbery and assault by means of force likely to produce great bodily injury of Israel Garcia Colchado (Colchado). Appellant contends that the judgment must be reversed because: the jury engaged in prejudicial misconduct; a videotaped statement to the police in which he admitted stabbing Garcia was the tainted fruit of an earlier statement that was found to have been involuntary and obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (Miranda ); his arraignment was improperly delayed in order to give the police time to obtain the videotaped statement with proper Miranda warnings; a purported confession by appellant that he personally robbed Colchado was erroneously admitted for the first time on rebuttal; and the trial court improperly excluded exculpatory evidence and erred in its instructions to the jury. In particular, citing our Supreme Court's recent decision in People v. Mendoza (1998) 18 Cal.4th 1114 , 77 Cal.Rptr.2d 428 , 959 P.2d 735…

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